Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
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Service of the intimation under Section 143(1) is mandatory before a tax demand can be enforced, and a refund cannot be adjusted against a demand that is not shown to exist and have been served. The department produced only portal screenshots and no copy of the intimation or proof of service, so the alleged demand was treated as unenforceable. On that basis, the High Court quashed the impugned demand and the consequential interest, and held that adjustment of the later-year refund against that demand was impermissible.
Service of the intimation under Section 143(1) is mandatory before a tax demand can be enforced, and a refund cannot be adjusted against a demand that is not shown to exist and have been served. The department produced only portal screenshots and no copy of the intimation or proof of service, so the alleged demand was treated as unenforceable. On that basis, the High Court quashed the impugned demand and the consequential interest, and held that adjustment of the later-year refund against that demand was impermissible.
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